Opinion Flash

November 25, 2002
Volume 8 — Number 208

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

This Issue (IN THIS ORDER):

00	New Opinion(s) from the Tennessee Supreme Court
00	New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01	New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
04	New Opinion(s) from the Tennessee Court of Appeals
02	New Opinion(s) from the Tennessee Court of Criminal Appeals
00	New Opinion(s) from the Tennessee Attorney General (PDF format)
00	New Judicial Ethics Opinion(s)
00	New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_1125.wpd
								
								JOSEPH D. BOLINGER v. SHARON ANN PIERCE BOLINGER

Court:TCA

Attorneys:

Terry M. Basista, Jacksboro, for the Appellant, Sharon Ann Pierce
Bolinger

Johnny V. Dunaway, LaFollette, for the Appellee, Joseph D. Bolinger                         

Judge: GODDARD

First Paragraph:

In this divorce case, the sole issue for our review is whether the
Trial Court properly classified three IRAs held by Joseph D. Bolinger
("Husband") as partially marital and partially separate assets. 
Applying the analysis set forth by the Supreme Court in the case of
Langschmidt v. Langschmidt, 81 S.W.3d 741 (Tenn. 2002), we hold that
the IRAs, which were funded with premarital assets, should be
classified as Husband's separate property.  We therefore vacate the
Trial Court's judgment that the IRAs are partially marital assets and
remand this case.

http://www.tba.org/tba_files/TCA/bolinger.wpd
								
								ALVIN RAY MAYS v. HELEN DARLENE MAYS

Court:TCA

Attorneys:  

Richard A. Spivey, Kingsport, Tennessee, for Appellant.

Gregory W. Francisco, Kingsport, Tennessee, for Appellee.                        

Judge: FRANKS

First Paragraph:

In post-divorce action, the Trial Court changed from the mother to the
father, the role as primary custodian of the minor child.  On appeal,
we affirm.

http://www.tba.org/tba_files/TCA/maysa1.wpd
								
								CHARLES MONTAGUE  v. MICHAEL D. KELLUM

Court:TCA

Attorneys:

Charles Montague, pro se Appellant, Mountain City, Tennessee.

James A. Nidiffer, Johnson City, Tennessee, for the Appellee Michael
D. Kellum.

Judge: SWINEY

First Paragraph:

This legal malpractice claim arises from the filing by attorney
Michael D. Kellum ("Defendant") of an unverified post-conviction
petition on behalf of Charles Montague ("Plaintiff").  The post-
conviction petition was dismissed by the Criminal Court on the merits
and because it was not verified.  We vacated a previous grant of
summary judgment to Defendant to allow Plaintiff time to conduct
discovery.  While on remand and during discovery, the Court of
Criminal Appeals affirmed the dismissal of Plaintiff's post-conviction
proceeding for the sole reason that the petition was unverified. 
Thereafter, the Trial Court again dismissed this lawsuit after
concluding, inter alia, Plaintiff had suffered no damages.  We vacate
and remand.

http://www.tba.org/tba_files/TCA/montague.wpd
								
								DEBRA LEE BENNETT PERSADA, v. TIM HOWARD PERSADA

Court:TCA

Attorneys:  

Thomas E. Cowan, Jr., Elizabethton, Tennessee, for Appellant.

Olen G. Haynes, Jr., and Robert D. Arnold, Johnson City, Tennessee,
for Appellee.                        

Judge: FRANKS

First Paragraph:

In divorce action the parties reached an agreed property settlement by
mediation.  Before Judgment, the husband repudiated the agreement, but
the Trial Court heard evidence on the validity of the agreement and
enforced the agreement by entering Judgment thereon.  We affirm on
appeal.

http://www.tba.org/tba_files/TCA/persadad.wpd
								
								STATE OF TENNESSEE v. RONNIE K. DANIEL AND JESSICA J. ECHOLS

Court:TCCA

Attorneys:

J. Daniel Freemon, Lawrenceburg, Tennessee (on appeal), and Lee Ofman,
Franklin, Tennessee (at trial), for the appellants, Ronnie K. Daniel
and Jessica J. Echols.

Paul G. Summers, Attorney General and Reporter; Christine M. Lapps,
Assistant Attorney General; Ronald L. Davis, District Attorney
General; and Sharon E. Guffee, Assistant District Attorney General,
for the appellee, State of Tennessee.                 

Judge: RILEY

First Paragraph:

A Williamson County jury convicted the defendants of DUI, first
offense.  Defendant Daniel was sentenced to eleven months and
twenty-nine days, all suspended except for 90 days incarceration. 
Defendant Echols' eleven-month and twenty-nine day sentence was
suspended after 30 days incarceration.  The sole issue on appeal is
whether their sentences are excessive.  We find the defendants failed
to file their notices of appeal within 30 days of the trial court's
orders overruling their motions for new trial; therefore, their appeal
is dismissed.

http://www.tba.org/tba_files/TCCA/daniel.wpd
								
								STATE OF TENNESSEE v. OLIVIA WILLIAMS

Court:TCCA

Attorneys:

Susanna L. Thomas, Newport, Tennessee, for the appellant, Olivia
Williams.

Paul G. Summers, Attorney General and Reporter; Angele M. Gregory,
Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney
General; and Ronald C. Newcomb, Assistant District Attorney General,
for the appellee, State of Tennessee.                        

Judge: RILEY

First Paragraph:

The defendant pled guilty to one count of Class D felony theft over
$10,000, received an agreed three-year sentence, and agreed to allow
the trial court to determine the manner in which her sentence would be
served.  The trial court ordered the sentence to be served in
incarceration.  In this appeal, the defendant argues the trial court
erred in denying alternative sentencing.  We affirm the judgment of
the trial court.

http://www.tba.org/tba_files/TCCA/williamso.wpd

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